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Service instructions of PCTEL

Introduction

In order to receive the right for Use of the services of PCTEL, You should accept the conditions of the present Agreement and press the button "ACCEPT". The present service conditions are extended to the Services, provided in accordance with the Agreement, concluded between PCTEL and You as the user. Besides, the fact of using of Your User's account and Services of PCTEL means Your consent with the conditions, contained both in the present document and in its following editions.
  
You confirm and agree with that, that pressing the button or other similar buttons or links, meant by PCTEL for confirmation of Your consent with the conditions of any documents, mentioned above, You become the part of the agreement, having the obligatory legal force. Hereby, You express Your consent for using of electronic means for conclusion of agreements, order placement and other data transmission, and also for electronic delivery of notifications, regulating documents and data about operations, begun or finished with using of the Services of PCTEL. Besides, hereby, You disclaim, in the limits, permitted by the appropriate statutes of the active legislation, any rights and requirements, guaranteed in accordance with the laws and regulations of any jurisdiction, which demand for the presence of personal (not electronic) signature and natural approaches of delivery and keeping of documents, which are not shown in electronic form.
  
The Services of PCTEL are not meant for the support of dialup of the tools of electronic help and can't be used for these purposes. You understand and agree with this, accepting the conditions of the present agreement.
  
If You are living at the territory of the jurisdiction, by legislation of which it is forbidden to use the services of PCTEL, You don't have the right for conclusion of the present Agreement and for using of the Services of PCTEL. Accepting the conditions of the present Agreement, You confirm, that Your using of the services of PCTEL at the territory of Your living is permitted by the legislation. Besides, if You are living at the territory of the jurisdiction by legislation of which age limits are imposed upon using of internet-annexes or upon conclusion of agreements, having the legal force, such as the present Agreement, and You are the constituent of the present jurisdiction, which doesn't meet the requirements of the age limit, You don't have the right for conclusion of the present Agreement and for using of the Services of PCTEL.· Definitions

1.1. Personal account - is Your personal account, from which the payment for the Services of PCTEL is performed.
1.2. Agreement or contract - is the agreement or contract, concluded between PCTEL and You as the user of the Services of PCTEL.
1.3. Call of emergency service - services over initial communication of the subscriber with the representatives of emergency services or receptions of public security.
1.4. Agreement of the end-user - is the agreement for the end-users, concluded with You for using of the Software of PCTEL.
1.5. Password - is the code, chosen by You, which in combination with the login gives You the right of access to Your Personal account.
1.6. Balance at the account of PCTEL - is the source of payment by the user of the Services of PCTEL or any other services or goods, which PCTEL may offer in future.
1.7. Number of PCTEL - means the number, provided in Your use of PCTEL.
1.8. PCTEL Out - is the service, giving You the possibility to call other users of PCTEL.
1.9. Software of PCTEL - is the software, distributed by PCTEL for using at the area of internet-telephony, which gives You the possibility to use the Services of PCTEL, including, among other issues, new, advanced and corrected versions for such software.
1. 10. Service instructions - are the present general rules and regulations, which are the part of the Agreement and which cover its content, independently of that, in which configuration they are represented.
1.11. Login - is the identification cod, chosen by You, which in the combination with the Password, gives You the right of access to Your Personal account.
1.12. Services - is the aggregation of paid services and program possibilities, provided by PCTEL, and also the other services, which PCTEL may offer in future.
1.13. Website - is the Website www.pctel.ru, from which the software of PCTEL may be downloaded.
1.14. You are - the individual or legal body, who is the user and (or) subscriber of the Services of PCTEL.

General provisions

2.1. Services of PCTEL. You understand and agree with that, that the Services of PCTEL are not traditional telephone services and are not purposed for using as the replacement of traditional instruments of telephone communication. Between traditional telephone services and Services of PCTEL the significant differences exist, some of which - but, possibly, not all - are described in the present .
2.2. Absence of guarantee liabilities. PCTEL has the goal to provide Services with minimal stoppages. Nevertheless, PCTEL can't guarantee the continuous providing of uninterrupted, timely and other Services, shut out from disadvantages. You understand, that as the technology functions on the basis of the internet-networks and telephone lines of common use, the possibility of appearing of stoppages in the electrical supply or in the work of Internet exists, which may lead to the stoppages in the process of Your using of the Services of PCTEL, such as delay and distortions as the result of the partial loss of the supplying data. Furthermore, You understand, that data, supplying over the commuted telephone networks of common use, are not encoded, and in themselves may be bugged by the law enforcement authorities and other outside organizations and persons, using internet-networks of common use. PCTEL doesn't bear responsibility for any stoppages, delays, wiretaps and other disadvantages in work.
2.3. Absence of control. You take into consideration and agree with that, that PCTEL doesn't have any data both about fact(s) of exchange of information with using of the Software of PCTEL, and about information itself, supplying in such a way, and doesn't control the present process. The full responsibility for the content of the informational exchange lies on the person, who is the source of the supplying information. Consequently, You may become the receiver of information of offensive, obscene or other undesirable character or harmful for children. PCTEL doesn't bear responsibility for the content of any informational exchange, performing with using of the Services of PCTEL.
2.4. Suspension and cancellation of services. PCTEL has the right, without being the subject of civil liability, to withhold from the providing of the Services, limit or establish the limits of their using, fully or partially suspend or cancel the providing of the Services, without notifying You about repair, modernization and (or) advance of the Services, or about any other reason of the cancellation of service in accordance with the article 12.3 of the present .
2.5. Technical modifications. PCTEL has the right to introduce alterations in the technical aspects of the Services in accordance with the changes in the consumer demand and the last technological developments at own convenience and without preliminary notification of You about it.

Liabilities of the User

3.1. Using of the Services of Услуг PCTEL. You are obliged to use the Services in accordance with the present , agreement for the end-users and requirements of the appropriate legislation.
3.2. Information. You are obliged to provide to PCTEL any data and information, required by PCTEL for the appropriate execution of own obligations over providing of the Services in time.
3.3. Temporary cancellation of providing of services. If any data, required for rendering of the Services, are not at the disposal of PCTEL or are provided untimely or in the violation of the contract regulations, and also if you violate any contract liabilities, PCTEL has the right to temporarily stop providing of the Services to You.
3.4. Legality of activity. You are obliged to use the Services of PCTEL exceptionally for legitimate purposes. In this connection, You don't have any right (а) to wiretap or monitor, violate the informational exchange or to make alterations in it, if You are not the part of such exchange; (б) to distribute any mass commercial massages, prohibited by the active legislation; (в) to use Your Personal account or the Services of PCTEL in any fraudulent way; (г) to expose any other user to the influence of materials of offensive, obscene or other undesirable character or harmful for children, and also (д) in any other way to violate the service instructions of PCTEL.
3.5. Limitation of responsibility. You are obliged to limit PCTEL from civil liability and protect from any actionable claims and actions of the third parties, legal proceedings and expenses, including, among other issues, reasonable legal expenses, born by PCTEL as the result of Your violation of service instructions, of the appropriate legislation and rights of the third parties, and also as the result of improper using of the Services of PCTEL.

Login, password, personal account

4.1. Login, Password, Personal account. In order to use the Services, PCTEL provides the Personal account for You. You bear the full responsibility for the observance of the confidentiality of Your Login and Password. You bear the full responsibility for any actions, executed with using of Your Login, Password and Personal account, even if these actions were executed without Your permission.
4.2. Notification and limitation of responsibility. You are obliged to notify PCTEL immediately in writing about any unsanctioned and/or fraudulent using of Your Login, Password, Personal account. PCTEL doesn't bear responsibility for any damage, which is the result of unsanctioned and/or fraudulent using of Your Login or Password, and also unsanctioned using of Your Personal account.
4.3. Changes of the Login and Password. PCTEL reserves the right of changing of Your Login or Password in order to provide the work or for prevention of fraudulent using of the Services.

Account balance

5.1. Plus account balance. Account balance of PCTEL is created by entering of sum of money to Your Personal account by electronic payment systems or other payment instruments, which may be offered by PCTEL.

Rules of chargeback

6.1. Financial resources at the account balance of PCTEL are not refundable upon the expiry of 180 days from the day of the last using of resources at the account balance of PCTEL over the payment of goods and services. Upon the expiry of 180 days these financial resources are considered to be forfeited.
6.2. Any illegal actions, executed by You in relation of the conditions of the Agreement, concerning the chargeback, lead to the cancellation of the present Agreement, without returning of fund balance at Your Personal account.

Payments and tariffs

7.1. Payments. For opening the credit for using of the Services, You have to transfer financial resources (minimal payment) in favour of PCTEL, which will be entered to Your Personal account.
7.2. Changes of tariffs. PCTEL reserves the right to change the tariffs at any time upon condition of the preliminary (within 30 (thirty) days) notification about such change at the Website www.pctel.ru. The fact of Your following using of the Services after entering of new tariffs is the confirmation of Your consent with changes of the tariffs.
7.3. Plus account balance. Paid services of PCTEL are provided only over plus balance and presence of ample resources at Your Personal account.

Confidentiality

8.1. Nondisclosure of personal information. PCTEL aims to save the inviolability of Your personal information and confidentiality of Your personal data and data about Your web-traffic. PCTEL sometimes has the right, if it is required, to transfer Your personal data and data about the traffic to the competent authorities for executing of the following actions, dictated by the legal standards of the local legal regulation, for example, phone-tapping over the demand of the competent authorities. If You are against conversion with Your information or its delivery on the conditions, described above, we ask You not to use our services.

Limitation of responsibility

9.1. Absence of responsibility for direct and indirect damage. In maximally possible degree, allowed by the appropriate legislation, under no circumstances PCTEL will bear responsibility for any direct and indirect damage (including, among other issues, damage as the result of loss of the profit, disclosure of confidential or other information, interruptions in the work of the organization or violation of confidentiality, which were the result or somehow connected with using or impossibility of using of the Services), even if PCTEL was notified about the possibility of appearing of such damage and even if taken measures didn't have the supposed effect.
9.2. Special denial of responsibility in connection with call of emergency. Services, provided by PCTEL, don't include the call of emergency. PCTEL doesn't bear responsibility for any damage or losses and over any claims; and hereby You refuse, within the framework, foreseen by the appropriate legislation, from any actionable claims or bases for submission of a claim in connection with using of the Services, with the purpose of the connection with the workers of emergency services. You are obliged to prevent PCTEL, in accordance with the present Service instructions, from the responsibility and guarantee their defense from any actionable claims and requirements of the compensation of losses, damage, disadvantages, penal sanctions, penalties, costs and expenses (including, among other issues, legal expenses), born by You or third parties in connection with impossibility of providing of the Services, interruptions in providing or disconnection of the Services, rendering in accordance with the present document, including any actionable claims, which are the result of failure of PCTEL to provide the call of emergency.
9.3. Non- obligatoriness of providing of instruments of call of emergency. You take into consideration and agree with that, that neither local nor federal rules, normative requirements or legislative acts lay the liabilities over providing of instruments of call of emergency on PCTEL. Besides, You take into consideration, that PCTEL is not purposed for using as the replacement of traditional instruments of telephonic communication.
9.4. Limitation of jurisdiction. In view of that, that some prohibitions and limitations, indicated above, don't have the legal force at the territory of definite jurisdictions, such prohibitions and limitations may become invalid in the context of You. In this case, the civil liability is limited in the maximally possible degree, foreseen by the applied legislation.

Force-Majeure

10.1. Force-Majeure. You understand and agree with that, that in case of the stoppage of in providing of the Services of PCTEL, which is the result of circumstances of insuperable force, PCTEL doesn't bear responsibility for violation of own liabilities, foreseen by the present Service instructions. The circumstance of insuperable force is any event, which doesn't depend on the will of PCTEL, including, among other issues, natural disasters, acts of civil disobedience or civil disorders, war or military operations, state of emergency of governmental or local level, breakdowns in electric supply, serious breakdowns in the work of Internet, floods, landslides and land subsidence or very hard meteorologic conditions.
10.2. Consequences of circumstances of insuperable force. In case of appearing of circumstances of insuperable force, PCTEL is obliged according to lights to notify You immediately about the supposed delay or period of interruption in the execution of own liabilities over You. PCTEL doesn't bear any responsibility for the consequences of circumstances of insuperable force.

Term of Agreement and conditions of its cancellation

11.1. Term. The Agreement comes into force at the moment of Your acceptance of its conditions and remains in force till the moment of its cancellation on the initiative of any party in accordance with the present Service instructions.
11.2. Cancellation of the Agreement on Your initiative. In case of impossibility of using of PCTEL, through the fault of PCTEL over 10 days and more, You have the right to cancel the present Agreement unilaterally, upon condition of preliminary notification of the Performer by e-mail within 15 calendar days till the supposed date of the cancellation of the Agreement.
11.3. Cancellation of the Agreement on the initiative of PCTEL. Without limitations of other instruments of judicial defense and damage compensation, PCTEL has the right to limit, suspend or stop providing of these services and Your using of the Services and Software of PCTEL, to prohibit the access to PCTEL, if we consider, that You violate the present Service instructions, make problems, possible civil liability, violate someone's right over intellectual property, are involved in fraudulent, amoral or illegal actions or over other similar reasons and without the right of appeal of our actions in a judicial proceeding. PCTEL performs such cancellation of providing of services, directing the notification about it to You to Your e-mail, about which You informed us, and (or) stopping Your access to Your Personal account and to the Services.
11.4. Consequences of the cancellation of the Agreement. In case of cancellation of the Agreement upon any reason, You lose all rights of use of the Services and must stop any using of the Services.
11.5. Preservation of the conditions activity. Any conditions of the Agreement, validity of which, in their substance, can't be limited by the validity of the Agreement, remain actual after its cancellation or expiration of its validity, including, among other issues, all Your claims, liabilities and guarantees of the prevention from responsibility.

Other conditions
 
12.1. New editions of Service instructions. PCTEL reserves the right to change the present Service instructions at any time by providing You the revised Service instructions or by the publication of the revised Agreement at the Website, which will come into force in 30 (thirty) days, if You don't accept in an explicit form the revised Service instructions by the pressing of the button . The fact of the following using of the Services after the expiration of the period, mentioned above, is the confirmation of Your consent with the conditions and regulations of the revised Agreement. If You don't agree with these revised Service instructions, You have the right to close Your Personal account, directing the written claim to the mailing address of the company or to the e-mail www.pctel.ru.
12.2. Modification of the Services. PCTEL reserves the right of periodical modification of the Services, for example, in order to provide the observance of requirements of normative and legislative acts. If You don't agree with these modified Services, You have the right to close Your Personal account.
12.3. Partial nullity. If any condition or provision of the present document is considered to be invalid, inexecutable or having no legal force (in whole or in definite circumstances), the remaining provisions of the present Service instructions must, nevertheless, be considered as having the full legal force.

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